APARNA. J Vs. TENNY XAVIER K.X.

JUDGEMENT

(1.) This appeal is filed against order dated 25/11/2016 in OP (GW) No.2048/15 of the Family Court, Ernakulam. The original petition is filed by the respondent herein seeking for custody of the minor child. The Family Court modified an earlier order by which overnight custody was given to the appellant and it was ordered that the appellant will have access to the children on every second Saturday of every month from 11.00 am to 12 noon in the court premises.

(2.) The short facts involved in the case would show that the original petition was filed by the respondent for permanent custody of the children Master Edwin Xavier and Master Eric Xavier, aged 10 years. It is contended that the marriage was solemnized on 31/12/2002 under the Special Marriage Act. There was difference of opinion between the couple and as per order in IA No.4263/15, custody of the children was given to the father on all working days, and during Saturday and Sunday, children were to remain with the mother. In the meantime, the appellant filed MC No.9/16 before the Judicial Magistrate of First Class, Kunnampuram. There was a mediation proposal and settlement talks were going on. Both parties decided to file a joint divorce petition and the respondent had consented to give the appellant Rs. 4,50,000/- within 6 months. It was also decided that the custody of children will continue with the respondent provided that from every Friday evening to Sunday evening, the children will be made available to the appellant and they will be given to the appellant during vacations like, Onam, Christmas, Summer vacations etc.

(3.) The case was posted before the Family Court on 19/10/2016 and there was a boycott by the lawyers on that day. According to the appellant, she proceeded on the basis that the case will be adjourned. But, it appears that the children were presented before the Family Court and the impugned order came to be passed.